User Panel
Posted: 6/12/2012 7:54:19 AM EDT
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Thomas M. Pocian, 44, of Hartford (WI) argues the state law that bans felons from carrying guns is unconstitutional because it doesn't distinguish between violent and nonviolent felons.
In 1986, Pocian was convicted of three felonies for writing nearly $1,500 worth of forged checks with a friend. Pocian, who was 18 at the time, paid restitution and was sentenced to three years' probation, according to court records. |
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I agree I hope it gets challenged all the way to the SC and he wins. |
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If you served your time for a non-violent felony(maybe even violent) and you are out in the public your Rights should be restored. If you can't be trusted with your Rights you shouldn't be out in the first place.
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Self defense is a basic right. Do your crime, pay the penalty and get your rights re-instated.
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Meh. Felons, what good are they? In that case should any felony conviction result in a life sentence? |
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If someone is a threat to society, they should be behind bars.
If they're being released, they should rejoin society 100%... vote, serve on a jury, buy a gun, whatever. |
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Perhaps he should have argued harder for the restoration of his rights and the creation of laws for expungement which would allow him to do so instead of being the felon bonehead that gets caught with a gun and bitches about it after the fact.
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Quoted: Meh. Felons, what good are they? You commit about three felonies a day: http://www.amazon.com/Three-Felonies-Day-Target-Innocent/dp/1594032556 |
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Meh. Felons, what good are they? You commit about three felonies a day: http://www.amazon.com/Three-Felonies-Day-Target-Innocent/dp/1594032556
tons of people get arrested for felonies, very few get convicted. usually its dropped down or not prosecuted. |
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Regaining his rights at the state level is one thing.
If it went all the way to the Supreme Court, would they rule that the BATFE must restore his rights at the national level? If they did, would the BATFE comply? |
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Quoted: Quoted: I agree I hope it gets challenged all the way to the SC and he wins. |
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I don't feel sorry at all for thieves. If he got caught for 3 im sure there was 100 others that he never got caught for.
STUPID HURTS! |
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I agree I hope it gets challenged all the way to the SC and he wins. |
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Either execute them or give them full restoration of rights when they get out. We either trust them enough to release them into society as full members or we remove them. There should be no 2nd class citizens in this country. I think this could be done and implemented, but not without a complete overhaul of what is and isn't a felony.
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Meh. Felons, what good are they? You commit about three felonies a day: http://www.amazon.com/Three-Felonies-Day-Target-Innocent/dp/1594032556
tons of people get arrested for felonies, very few get convicted. usually its dropped down or not prosecuted. In the context of the comment you quoted that doesn't really fill me with a great sense of comfort. |
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Perhaps he should have argued harder for the restoration of his rights and the creation of laws for expungement which would allow him to do so instead of being the felon bonehead that gets caught with a gun and bitches about it after the fact. The law that bars felons for life from possessing weapons is in every way unjust. It is right to break unjust laws. Besides doing it your way, perpetuates this unjust law. This way he has a case and I support him. |
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I support a in-state process for felons (of any stripe) getting their gun rights restored with each csae reviewed on a individual basis and the finial decision issued in the jurisditcion where the crime was committed.
I've no issue if the applicant has to jump through lots of hoops in a long process to prove to society that they have reformed. I in no way support a blanket non-violent felon pass for gun ownership. Commiting a felony and being convicted of the same should have bitter future consequences. |
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Either execute them or give them full restoration of rights when they get out. We either trust them enough to release them into society as full members or we remove them. There should be no 2nd class citizens in this country. I think this could be done and implemented, but not without a complete overhaul of what is and isn't a felony. There it is right there. The creeping definition of what constitutes a felony is the real problem. |
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Perhaps he should have argued harder for the restoration of his rights and the creation of laws for expungement which would allow him to do so instead of being the felon bonehead that gets caught with a gun and bitches about it after the fact. The law that bars felons for life from possessing weapons is in every way unjust. It is right to break unjust laws. Besides doing it your way, perpetuates this unjust law. This way he has a case and I support him. Call it what you want, but this is just another example of someone trying to weasel their way out of being held responsible for their actions. He didn't care enough about the law until he got caught. If you can't beat the facts of the case might as well try some long shot legal technicality. He knew he was a convicted felon and he knowingly possessed a firearm in violation of the existing law. No pity for him on my part. Many, if not all, states do have expungement processes for non-violent and low-level felons, including Wisconsin. I get a weekly list of all the applicants in my judicial district. Most of the time those that petition the court get their convictions expunged in my AO. Wisconsin's law on the issue isn't going anywhere. |
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If you served your time for a non-violent felony(maybe even violent) and you are out in the public your Rights should be restored. If you can't be trusted with your Rights you shouldn't be out in the first place. Sounds good in theory, but we can't keep the bad guys locked up forever Quoted:
Self defense is a basic right. Do your crime, pay the penalty and get your rights re-instated. That argument doesn't work, because you have other means of self defense |
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Quoted: I support a in-state process for felons (of any stripe) getting their gun rights restored with each csae reviewed on a individual basis and the finial decision issued in the jurisditcion where the crime was committed. I've no issue if the applicant has to jump through lots of hoops in a long process to prove to society that they have reformed. I in no way support a blanket non-violent felon pass for gun ownership. Commiting a felony and being convicted of the same should have bitter future consequences. Ever open mail addressed to your wife? |
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Quoted: Quoted: If you served your time for a non-violent felony(maybe even violent) and you are out in the public your Rights should be restored. If you can't be trusted with your Rights you shouldn't be out in the first place. Sounds good in theory, but we can't keep the bad guys locked up forever Who said anything about locking them up? Constitutional jury trial and a rope. ETA: I also am in favor of exile for certain offenders, no cost other than deportation to society and you get to remove the ones not deserving death but still no longer deserving of a place in society. |
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I don't feel sorry at all for thieves. If he got caught for 3 im sure there was 100 others that he never got caught for. STUPID HURTS! Yawn. People change over time. He did it over 25 years ago. Grow up. |
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Perhaps he should have argued harder for the restoration of his rights and the creation of laws for expungement which would allow him to do so instead of being the felon bonehead that gets caught with a gun and bitches about it after the fact. The law that bars felons for life from possessing weapons is in every way unjust. It is right to break unjust laws. Besides doing it your way, perpetuates this unjust law. This way he has a case and I support him. Call it what you want, but this is just another example of someone trying to weasel their way out of being held responsible for their actions. He didn't care enough about the law until he got caught. If you can't beat the facts of the case might as well try some long shot legal technicality. He knew he was a convicted felon and he knowingly possessed a firearm in violation of the existing law. No pity for him on my part. Many, if not all, states do have expungement processes for non-violent and low-level felons, including Wisconsin. I get a weekly list of all the applicants in my judicial district. Most of the time those that petition the court get their convictions expunged in my AO. Wisconsin's law on the issue isn't going anywhere. So it doesn't matter to you if the law is unjust. Understood. |
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Perhaps he should have argued harder for the restoration of his rights and the creation of laws for expungement which would allow him to do so instead of being the felon bonehead that gets caught with a gun and bitches about it after the fact. The law that bars felons for life from possessing weapons is in every way unjust. It is right to break unjust laws. Besides doing it your way, perpetuates this unjust law. This way he has a case and I support him. Call it what you want, but this is just another example of someone trying to weasel their way out of being held responsible for their actions. He didn't care enough about the law until he got caught. If you can't beat the facts of the case might as well try some long shot legal technicality. He knew he was a convicted felon and he knowingly possessed a firearm in violation of the existing law. No pity for him on my part. Many, if not all, states do have expungement processes for non-violent and low-level felons, including Wisconsin. I get a weekly list of all the applicants in my judicial district. Most of the time those that petition the court get their convictions expunged in my AO. Wisconsin's law on the issue isn't going anywhere. So it doesn't matter to you if the law is unjust. Understood. Did I forget to mention that forgery, bad checks, and fraudulent writings are all crimes which, if committed when under the age of 25 (he was 18), are eligible for expungement in Wisconsin? Strange that he could have got them expunged, but didn't. I don't feel sorry for people that victims of their own bad decisions and failures. He had the opportunity and according law to get his rights restored. He just didn't. |
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Who said anything about locking them up? Constitutional jury trial and a rope. Even less likely to happen, because the national sentiment on the death penalty is going AWAY from killing convicted criminals. I mean, really people..I know you guys feel better thumping your chests on the net, but these unworkable suggestions about locking people up forever or killing them aren't going to fly |
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If you served your time for a non-violent felony(maybe even violent) and you are out in the public your Rights should be restored. If you can't be trusted with your Rights you shouldn't be out in the first place. +a billion. I fail to see what is so hard to comprehend about this idea. |
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I support a in-state process for felons (of any stripe) getting their gun rights restored with each csae reviewed on a individual basis and the finial decision issued in the jurisditcion where the crime was committed. I've no issue if the applicant has to jump through lots of hoops in a long process to prove to society that they have reformed. I in no way support a blanket non-violent felon pass for gun ownership. Commiting a felony and being convicted of the same should have bitter future consequences. Ever open mail addressed to your wife? |
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Exactly.As a convicted felon he knew that he couldnt have a gun unless he petitioned the state for a re instatement. Instead he knowingly broke the law (again).
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Perhaps he should have argued harder for the restoration of his rights and the creation of laws for expungement which would allow him to do so instead of being the felon bonehead that gets caught with a gun and bitches about it after the fact. |
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Way too many things are a Felony nowadays for me to not support this guy. I hope he wins.
Three Felonies a Day |
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If someone is a threat to society, they should be behind bars. OR DEAD If they're being released, they should rejoin society 100%... vote, serve on a jury, buy a gun, whatever. pretty much agree |
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Quoted: I agree the semi-private prison industry in place to constantly house drug users, illegal immigrants, and people that 200 years ago would never have been put in jail for what they did is unsustainable. It all comes down to whether you take a punishment or rehabilitation approach. You can't rehab someone who is a 2nd class citizen for life. You can't punish heinous crimes by guaranteeing them a life of free living expenses either. It definitely is a complex problem no matter what side you stand on it. Quoted: Who said anything about locking them up? Constitutional jury trial and a rope. Even less likely to happen, because the national sentiment on the death penalty is going AWAY from killing convicted criminals. I mean, really people..I know you guys feel better thumping your chests on the net, but these unworkable suggestions about locking people up forever or killing them aren't going to fly |
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Commit a crime, do the time, then all rights restored.
Real simple, IMHO... |
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Perhaps he should have argued harder for the restoration of his rights and the creation of laws for expungement which would allow him to do so instead of being the felon bonehead that gets caught with a gun and bitches about it after the fact. The law that bars felons for life from possessing weapons is in every way unjust. It is right to break unjust laws. Besides doing it your way, perpetuates this unjust law. This way he has a case and I support him. Call it what you want, but this is just another example of someone trying to weasel their way out of being held responsible for their actions. He didn't care enough about the law until he got caught. If you can't beat the facts of the case might as well try some long shot legal technicality. He knew he was a convicted felon and he knowingly possessed a firearm in violation of the existing law. No pity for him on my part. Many, if not all, states do have expungement processes for non-violent and low-level felons, including Wisconsin. I get a weekly list of all the applicants in my judicial district. Most of the time those that petition the court get their convictions expunged in my AO. Wisconsin's law on the issue isn't going anywhere. So it doesn't matter to you if the law is unjust. Understood. Did I forget to mention that forgery, bad checks, and fraudulent writings are all crimes which, if committed when under the age of 25 (he was 18), are eligible for expungement in Wisconsin? Strange that he could have got them expunged, but didn't. I don't feel sorry for people that victims of their own bad decisions and failures. He had the opportunity and according law to get his rights restored. He just didn't. He didn't. I still don't care, because I don't think he should have to. The law is unjust and there is no getting around it. |
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Perhaps he should have argued harder for the restoration of his rights and the creation of laws for expungement which would allow him to do so instead of being the felon bonehead that gets caught with a gun and bitches about it after the fact. The law that bars felons for life from possessing weapons is in every way unjust. It is right to break unjust laws. Besides doing it your way, perpetuates this unjust law. This way he has a case and I support him. Call it what you want, but this is just another example of someone trying to weasel their way out of being held responsible for their actions. He didn't care enough about the law until he got caught. If you can't beat the facts of the case might as well try some long shot legal technicality. He knew he was a convicted felon and he knowingly possessed a firearm in violation of the existing law. No pity for him on my part. Many, if not all, states do have expungement processes for non-violent and low-level felons, including Wisconsin. I get a weekly list of all the applicants in my judicial district. Most of the time those that petition the court get their convictions expunged in my AO. Wisconsin's law on the issue isn't going anywhere. So it doesn't matter to you if the law is unjust. Understood. Did I forget to mention that forgery, bad checks, and fraudulent writings are all crimes which, if committed when under the age of 25 (he was 18), are eligible for expungement in Wisconsin? Strange that he could have got them expunged, but didn't. I don't feel sorry for people that victims of their own bad decisions and failures. He had the opportunity and according law to get his rights restored. He just didn't. My bet it's a long process that the felon was either too lazy to go through or had other "warts" on his record after he got out that would have precluded expungment so he figured a lawyer could get around it all. Fuck him. |
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Quoted: Quoted: Quoted: Quoted: Quoted: Perhaps he should have argued harder for the restoration of his rights and the creation of laws for expungement which would allow him to do so instead of being the felon bonehead that gets caught with a gun and bitches about it after the fact. The law that bars felons for life from possessing weapons is in every way unjust. It is right to break unjust laws. Besides doing it your way, perpetuates this unjust law. This way he has a case and I support him. Call it what you want, but this is just another example of someone trying to weasel their way out of being held responsible for their actions. He didn't care enough about the law until he got caught. If you can't beat the facts of the case might as well try some long shot legal technicality. He knew he was a convicted felon and he knowingly possessed a firearm in violation of the existing law. No pity for him on my part. Many, if not all, states do have expungement processes for non-violent and low-level felons, including Wisconsin. I get a weekly list of all the applicants in my judicial district. Most of the time those that petition the court get their convictions expunged in my AO. Wisconsin's law on the issue isn't going anywhere. So it doesn't matter to you if the law is unjust. Understood. Did I forget to mention that forgery, bad checks, and fraudulent writings are all crimes which, if committed when under the age of 25 (he was 18), are eligible for expungement in Wisconsin? Strange that he could have got them expunged, but didn't. I don't feel sorry for people that victims of their own bad decisions and failures. He had the opportunity and according law to get his rights restored. He just didn't. You would have been a huge hit in the Jim Crow era south. |
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Perhaps he should have argued harder for the restoration of his rights and the creation of laws for expungement which would allow him to do so instead of being the felon bonehead that gets caught with a gun and bitches about it after the fact. The law that bars felons for life from possessing weapons is in every way unjust. It is right to break unjust laws. Besides doing it your way, perpetuates this unjust law. This way he has a case and I support him. Call it what you want, but this is just another example of someone trying to weasel their way out of being held responsible for their actions. He didn't care enough about the law until he got caught. If you can't beat the facts of the case might as well try some long shot legal technicality. He knew he was a convicted felon and he knowingly possessed a firearm in violation of the existing law. No pity for him on my part. Many, if not all, states do have expungement processes for non-violent and low-level felons, including Wisconsin. I get a weekly list of all the applicants in my judicial district. Most of the time those that petition the court get their convictions expunged in my AO. Wisconsin's law on the issue isn't going anywhere. So it doesn't matter to you if the law is unjust. Understood. Did I forget to mention that forgery, bad checks, and fraudulent writings are all crimes which, if committed when under the age of 25 (he was 18), are eligible for expungement in Wisconsin? Strange that he could have got them expunged, but didn't. I don't feel sorry for people that victims of their own bad decisions and failures. He had the opportunity and according law to get his rights restored. He just didn't. You would have been a huge hit in the Jim Crow era south. That's right, when you don't have a valid argument make a vague allusion to your opponent being a racist. Works for Obama supporters, too. Good one, champ. |
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Self defense is a basic right. Do your crime, pay the penalty and get your rights re-instated. That argument doesn't work, because you have other means of self defense You would think it rightly retarded if it were suggested to have your local police agency stop carrying guns and instead use other means of self defense. |
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Perhaps he should have argued harder for the restoration of his rights and the creation of laws for expungement which would allow him to do so instead of being the felon bonehead that gets caught with a gun and bitches about it after the fact. The law that bars felons for life from possessing weapons is in every way unjust. It is right to break unjust laws. Besides doing it your way, perpetuates this unjust law. This way he has a case and I support him. Call it what you want, but this is just another example of someone trying to weasel their way out of being held responsible for their actions. He didn't care enough about the law until he got caught. If you can't beat the facts of the case might as well try some long shot legal technicality. He knew he was a convicted felon and he knowingly possessed a firearm in violation of the existing law. No pity for him on my part. Many, if not all, states do have expungement processes for non-violent and low-level felons, including Wisconsin. I get a weekly list of all the applicants in my judicial district. Most of the time those that petition the court get their convictions expunged in my AO. Wisconsin's law on the issue isn't going anywhere. So it doesn't matter to you if the law is unjust. Understood. Did I forget to mention that forgery, bad checks, and fraudulent writings are all crimes which, if committed when under the age of 25 (he was 18), are eligible for expungement in Wisconsin? Strange that he could have got them expunged, but didn't. I don't feel sorry for people that victims of their own bad decisions and failures. He had the opportunity and according law to get his rights restored. He just didn't. You would have been a huge hit in the Jim Crow era south. That's right, when you don't have a valid argument make a vague allusion to your opponent being a racist. Works for Obama supporters, too. Good one, champ. Do you support the lifetime/nationwide ban on possessing firearms for anyone convicted of a "domestic" battery or assault? |
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LOL....I missed the extra possession charge......Damn, I'd say having the "wart" of a charge of a felon in possession of a firearm just may preclude expungment.
He figured, to heck with the law, he would just do what he wanted but got caught. It's not like he was blind to the law. Typical felon mind-set. Fuck him with rusty re-bar. |
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Quoted: If you can't be trusted with your Rights you shouldn't be out in the first place. +100000000000000000000000000000000000000000000000000 |
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If you served your time for a non-violent felony(maybe even violent) and you are out in the public your Rights should be restored. If you can't be trusted with your Rights you shouldn't be out in the first place. Did you even read what you just said???? Even the violent felons? They have been out in public and been trusted with their rights............they failed. They should NOT get a second chance. |
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Quoted: Quoted: Self defense is a basic right. Do your crime, pay the penalty and get your rights re-instated. That argument doesn't work, because you have other means of self defense Not being a smart ass but, what other means of self defence does a person have that equates an armed aggressor? Quoted: Quoted: If you served your time for a non-violent felony(maybe even violent) and you are out in the public your Rights should be restored. If you can't be trusted with your Rights you shouldn't be out in the first place. Did you even read what you just said???? Even the violent felons? They have been out in public and been trusted with their rights............they failed. They should NOT get a second chance. Yes I read what I said and comprehend what it means. If you can be trusted to be out of prison once you have served your time, committing no other crimes against society there should be a legal recourse for you to have your Rights reinstated. I'm not making excuses for what they did to end up on the dreaded Felon list, I'm just saying when they "repayed" their debt to society they should be re-intergrated with society fully or not at all. ETA: Additional quote |
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Self defense is a basic right. Do your crime, pay the penalty and get your rights re-instated. That argument doesn't work, because you have other means of self defense You would think it rightly retarded if it were suggested to have your local police agency stop carrying guns and instead use other means of self defense. Pfftt..not the same thing, and yeah, they give us these many force options BECAUSE firearms are our LAST level of force. Empty hands batons OC Taser less lethal and on and on and on. If we went straight to firearms for every self defense scenario, we'd be out of a job PDQ Quoted:
Not being a smart ass but, what other means of self defence does a person have that equates an armed aggressor? Was the original question posed as a scenario involving self defense against a firearm-carrying aggressor? No. In your scenario, sucks to be the felon, but there are long -term consequences for past behaviors. |
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So let's see. If a guy gets put away twice for armed robbery or assault, you want to allow him to buy a gun right after he gets out of prison again. I see a pattern here. Giving felons (violent), guns would destroy half of progun rights argument of keeping guns out of the hands of those most likely to recommit crimes in society. It negates the whole argument that if one hasn't committed any crimes and is shown to not be a menace to society you should be able to own a gun. The reasoning for the majority of voters would not be keeping guns out of the wrong hands but everybody's hands because the law can't distinguish between those that can and can't own them. The law is supposed to help preserve the gun rights of the law abiding citizens, not those that dont. Imagine the field day the antigunners would have when the news reports regularly report that a felon, that just got out of prison, bought a gun lawfully and killed a couple with their kid while carjacking them. While we all know that the bad guys can and will get illegal guns, we don't have to make it any easier for them. The right to keep and bear arms has been a tough war to fight. This would not do us any favors.
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Quoted: Quoted: Perhaps he should have argued harder for the restoration of his rights and the creation of laws for expungement which would allow him to do so instead of being the felon bonehead that gets caught with a gun and bitches about it after the fact. The law that bars felons for life from possessing weapons is in every way unjust. It is right to break unjust laws. Besides doing it your way, perpetuates this unjust law. This way he has a case and I support him. Barring felons for life is not that injust if felonies were still limited to the traditional ones. The problem today is that we have gone from felonies being considered a small group of very serious and even heinous crimes (all were potentially punishable by death, just to illustrate the seriousness) to felonies entailing anything from a heinous act to being a possession of an object you have the natural right to possess (such as someone violating an AWB) or failing to do something (as opposed to actively doing something) and all sorts of petty acts; there are now thousands of ways to become a felon and you can be a felon without ever having actually harmed or taken anyone's life, limbs, or property, and without having harmed the community at large. Many felonies have very short jail terms. Leaving aside the fact that many of these things should not be crimes in the first place, it is absurd to punish someone for life via civil death and what amounts to a scarlet letter for something that is rather petty. It is not right and it is not just. There are not too many things outside of the traditional felonies that justify this sort of punishment. The punishment should fit the crime, and this punishment quite often does not do so. Therefore I support getting rid of such laws. Only certain limited felonies should result in lifetime or extended prohibitions, and this sort of thing, in any of those cases, should be at the discretion of those doing the sentencing, rather than something done in a blanket manner. Everyone should get their due. They shouldn't get anything more nor anything less. |
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